Susan Knapp v. American West Airlines |
Susan Knapp appeals the district court's grant of summary judgment to America West Airlines on Mrs. Knapp's claims alleging violations of the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654. We have jurisdiction under 28 U.S.C. § 1291, and we AFFIRM. I. Mrs. Knapp was a pilot for America West. In 1995, she and her husband noticed that their eldest son, born in 1986, disp... More... $0 (11-29-2006 - UT) |
Kelly Hackworth v. Progressive Casualty Insurance Company, et al. |
Plaintiff-Appellant Kelly Hackworth appeals from the district court's grant of summary judgment in favor of Defendants-Appellees Progressive Casualty Insurance Company and Jerry Johnson (collectively "Progressive") on her claim for damages pursuant to the Family and Medical Leave Act ("FMLA"), 29 U.S.C. 2601-2654. Ms. Hackworth challenges deference to a Department of Labor ("DOL") regulation de... More... $0 (11-17-2006 - OK) |
Harold Crough v. Whirlpool Corporation |
Whirlpool Corporation (Whirlpool) terminated Harold Crouch after determining that he falsely applied for a leave of absence. Crouch sued Whirlpool for various violations of the Family and Medical Leave Act (FMLA) and Employee Retirement Income Security Act (ERISA). The district court granted summary judgment for Whirlpool, finding in relevant part that its honest suspicion of Crouch's mi... More... $0 (04-26-2006 - IN) |
Tammy Powell v. Yellow Book USA, Inc., Victoria Kreutz |
After the district court1 granted summary judgment to Yellow Book USA, Inc., and Victoria Kreutz (now Victoria Hammon) on all of Tammy Powell's employmentrelated claims, she appealed. We affirm. I. Ms. Powell began her employment at Yellow Book as a data-entry processor. After an interview, Yellow Book promoted her to a financial service representative. In this new job she sat n... More... $0 (04-26-2006 - IA) |
Peggy Allender v. Raytheon Aircraft Company |
This case is a reminder of how procedural rules can affect the issues a court can consider on appeal. Plaintiff-Appellant Peggy Allender sought to appeal the district court's October 15, 2004 final order entering summary judgment in favor of Raytheon Aircraft Company ("Raytheon"). She waited to file her notice of appeal until after the district court denied her motion to alter or amend the judg... More... $0 (03-11-2006 - KS) |
Milton L. Whittington, Sr. v. The Nordam Group, Inc. |
The jury awarded a verdict in favor of the plaintiff, Milton Whittington, Sr., in a suit under the Age Discrimination in Employment Act, 29 U.S.C. 623 et seq. (ADEA), against The Nordam Group, Inc. Nordam appeals the district court's judgment on several grounds: the denial of Nordam's motion for judgment as a matter of law (JMOL), alleged errors with respect to jury instructions, and the exclu... More... $75450 (12-02-2005 - OK) |
Heather Sample v. Rend Lake College |
Heath Sample sued Rend Lake College for violating the Pregnancy Discrimination Act and the Family Medical Leave Act (FMLA) by discriminated against her for exercising her rights, and also that the college was in breach of contract. The defenses asserted by the defendant are not available.... More... $400000 (11-17-2005 - IL) |
Zurich North America v. Matrix Service, Inc. |
The present dispute is a diversity action involving Zurich American Insurance Co.'s (Zurich) payment of medical expenses incurred by Enrique Ortiz, a Matrix Service, Inc. (Matrix) employee. Matrix contracted with Zurich to provide stop-loss coverage for medical expenses incurred by eligible Matrix employees for amounts that exceed Matrix's basic coverage. Matrix paid health benefits on behalf ... More... $0 (10-20-2005 - OK) |
Sandra Throneberry v. McGehee Desha County |
Does the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. §§ 2601-2654, mandate strict liability for employers in all cases in which an employer interferes with an employee's FMLA rights? We conclude it does not. Sandra Throneberry (Throneberry) sued her employer, McGehee Desha County Hospital (Hospital), alleging three violations of the FMLA. After a jury trial, the district court1 ... More... $0 (04-12-2005 - AR) |
Janet G. Howard v. The Garage Door Group, Inc. |
This case is an appeal from a summary judgment in an employment discrimination case. See Memorandum and Order, Howard v. Garage Door Group, Inc. 197 F. Supp. 2d 1297 (D. Kan. 2002). For the reasons detailed below, we conclude that the Plaintiff failed to establish a prima facie case of a violation of either the Age Discrimination in Employment Act, ("ADEA") 29 U.S.C. §§ 621 et seq., or the Fa... More... $0 (03-03-2005 - KS) |
Deanne Whatley Chavez v. Thomas & Betts Corporation, et al. |
Plaintiff Deanne Whatley Chavez sued her former employer Defendant Thomas & Betts Corp. (T&B) and former supervisor Defendant Patricia Marrujo (Marrujo), among others, alleging violations of (1) Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, (2) the Family Medical Leave Act, 29 U.S.C. §§ 2611 to 2654 (FMLA), (3) the New Mexico Human Rights Act, and (4) New Mexico t... More... $525000 (01-27-2005 - NM) |
Rachael Lundquist v. Rice Memorial Hosp. |
This appeal raises two issues: First, whether the district court erred in finding that Rachael Lundquist was not disabled within the meaning of the Americans with Disabilities Act (ADA) and granting Rice Memorial Hospital's (RMH) summary judgment motion on that basis; second, whether the district court erred in denying Lundquist's motion to amend an order setting a filing deadline for amend... More... $0 (01-26-2005 - MN) |
Nancy E. Herbert v. Healthcare Services Group, Inc. |
Nancy Harbert ("Plaintiff") brought this action against her former employer, Healthcare Services Group, Inc. ("Defendant"), alleging that Defendant wrongfully denied her request for medical leave under the Family and Medical Leave Act ("FMLA"). Defendant had denied her request based on a provision of the FMLA which excludes from FMLA eligibility any employee who is employed at a particular "w... More... $0 (12-16-2004 - CO) |
Linda Horanburg v. Jeffrie Felter, M.D. v. Lovelace Health Sytems, Inc. |
{1} At issue in this appeal is the scope of an arbitration agreement and the ability of a non-signatory to the agreement to compel arbitration against a signatory. Defendant Lovelace Health Systems (Lovelace) appeals a district court order compelling arbitration but estopping it from arguing the issue of whether a doctor was acting outside the course and scope of his employment with Lovel... More... $0 (10-27-2004 - NM) |
Shirley O. Fought v. Unum Life Insurance Company of America |
Shirley O. Fought challenges the decision by UNUM's claims administrator to deny long-term disability benefits under her employer's group disability plan. A severe staph infection that followed elective heart surgery hospitalized and disabled Ms. Fought. UNUM's plan administrator denied coverage by concluding that Ms. Fought suffered from a pre-existing coronary artery condition that "... More... $0 (08-13-2004 - NM) |
Shirley J. Bones v. Honeywell International, Inc. |
Plaintiff-appellant Shirley J. Bones, who suffers from tendinitis, worked for defendant-appellee Honeywell International, Inc., and its predecessor since 1986. In July 1999, Bones was notified that Honeywell deemed her to have voluntarily terminated her employment because she neither reported to work nor notified her supervisor or team of her absences on three consecutive working days, in viola... More... $0 (05-03-2004 - KS) |
Dr. Karin Pagel Meiners, Ph.D. v. University of Kansas, et al. |
The plaintiff, Dr. Karin Pagel Meiners, Ph.D., appeals the district court's grant of summary judgment to the defendants on all her claims. Dr. Meiners sued her former employer, the University of Kansas, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that she was denied tenure in retaliation for her filing of discrimination complaints. She also sued the Univ... More... $0 (02-25-2004 - KS) |
Bobby Dry v. The Boeing Company |
Bobby Dry appeals the district court's determination that his former employer, The Boeing Company, did not interfere with his leave under the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., or violate its progressive discipline policy when terminating his employment. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm. FACTUAL BACKGROUND Dry was employed ... More... $0 (02-20-2004 - KS) |
SHIRLEY O. FOUGHT v. UNUM LIFE INSURANCE COMPANY OF AMERICA |
Shirley O. Fought challenges the decision by UNUM's claims administrator to deny long-term disability benefits under her employer's group disability plan. A severe staph infection that followed elective heart surgery hospitalized and disabled Ms. Fought. UNUM's plan administrator denied coverage by concluding that Ms. Fought suffered from a pre-existing coronary artery condition that "caused,... More... $0 (02-15-2004 - OK) |
Sandra J. Erenberg v. Methodist Hospital |
1The Honorable Michael J. Davis, United States District Court Judge for the District of Minnesota. Sandra J. Erenberg appeals the district court's1 adverse grant of summary judgment in a case against her former employer, Methodist Hospital, claiming sexual harassment, age discrimination, and retaliatory discharge. We affirm. I. Viewed in the light most favorable to the Plaintiff, ... More... $0 (02-04-2004 - MN) |
Roy Hillstrom v. Best Western TLC Hotel |
Roy Hillstrom, then age 42, was terminated from his job at the Best Western TLC Hotel in Waltham, Massachusetts in April 2002. His boss, Matthew Phipps, said it was for poor job performance. Hillstrom sued, alleging he had been discriminated against because of his age and gender. He also claimed that Best Western violated the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., by ch... More... $0 (01-05-2004 - MA) |
Rene M. Palma v. Pharmedica Communications, LLC |
Family Medical Leave Act ("FMLA") claim by former employee of Pharmedica Coummuications, LLC who was terminated after she asked to be allowed to work half-days as recommended by her doctor after bladder surgery. Her request was denied in violation of the Family Medical Leave Act and she was fired after the challenged the decisions of the defendant's CEO.... More... $280000 (11-03-2003 - CT) |
Norma J. Nesbit v. Gears Unlimited, Inc. |
Title VII of the Civil Rights Act of 1964 prohibits companies employing "fifteen or more" persons from discriminating on the basis of sex in hiring, discharge, compensation, or terms of employment. 42 U.S.C. §§ 2000e(b), 2000e-2(a)(1). Norma Nesbit alleges that Gears Unlimited, Inc. ("Gears") terminated her employment as a machine operator because of her sex. She concedes that Gears did ... More... $0 (10-27-2003 - PA) |
Margaret Russell v. North Broward Hospital |
This is M argaret R ussell's appeal from a judgment in favor of the North Broward Hospital District, her former employer, in the lawsuit she broug ht against it. The Hospital terminated Russell's employment because it concluded that she had been absent from work too much. Russell does not deny being away from work when the Hospital says she was, but she contends that her absences were for ... More... $0 (10-09-2003 - FL) |
Stephanie Moreau v. Air France, et al. |
In this necessarily fact-specific appeal, we must decide whether and in what circumstances contracted service workers should be considered in determining whether an employer is exempt from the requirements of the Family Medical Leave Act ("FMLA") and its California counterpart, the California Family Rights Act ("CFRA"). Air France flies an abbreviated schedule (one flight per day) in and ... More... $0 (09-15-2003 - CA) |
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